HomeMy Public PortalAbout5d Property Maintenance Brief
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MEMO TO: Mayor Vandernail and the Board of Trustees
FROM: Jeffrey L. Durbin, AICP, ICMA-CM, Town Manager
Michael Brack, Assistant to the Town Manager
DATE: June 23, 2017
SUBJECT: Property Maintenance Code
MATTER BEFORE BOARD:
Proposed amendments to the Fraser Town Code regarding property maintenance
ACTION REQUESTED:
Direction
EXECUTIVE SUMMARY:
Staff is seeking discussion and direction regarding amendments to the Fraser Town Code
property maintenance provisions. Staff is recommending amendments because the language
does not provide for clear expectations or consistent enforcement.
BACKGROUND:
The property maintenance provisions in the Fraser Town Code have not changed for decades
while our code enforcement efforts over the last decade have been ramped up on an annual
basis. Last year, almost 100 notices of violation were distributed. However, enforcement was
problematic due to the lack of clear objective language in the Code.
Currently, the Fraser Town Code provides the following regarding property maintenance:
Sec. 7-2-10. - Nuisance defined.
(a)
Every cellar, vault, lot, sewer, drain, place or premises within the Town which is damp,
unwholesome, offensive, filthy or covered any portion of the year with stagnant or
impure water or is in such condition as to produce unwholesome or offensive
exhalations; every source of filth and cause of sickness in the Town; and every
building, fence and structure which is or may be ruinous and liable to fall and injure
persons or property, are hereby declare d to be nuisances and injurious to the public
health and safety.
(b)
Any condition or use of premises or of building exteriors which is detrimental to the
property of others or which causes or tends to cause substantial diminution in the
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
value of other property in the neighborhood in which such premises are located is
hereby declared to be a nuisance. This includes, but is not limited to, the keeping or
the depositing on, or the scattering over the premises of, any of the following:
(1)
Lumber (except as pa rt of an on-going construction project), junk, trash or debris;
(2)
Abandoned, discarded or unused objects or equipment such as automobiles, furniture,
stoves, refrigerators, freezers, cans or containers;
(3)
Any compost pile which is of such a nature as t o spread or harbor disease, emit
unpleasant odors or harmful gas, or attract rodents, vermin or other disease -carrying
pests, animals or insects; provided that the presence of earthworms shall not
constitute a nuisance.
Sec. 16-8-40. - Vehicles and junk equipment.
(a)
No house car, camper, mobile home or trailer shall be used as living or sleeping
quarters in any right-of-way or public parking area within the Town limits.
(b)
For each principal use, a maximum of one (1) expired license, unregistered or
inoperative vehicle or inoperative heavy equipment vehicle, or parts thereof, are
allowed in residential and mobile home districts. Vehicles in excess of this number are
not allowed unless they are in a private garage. Any existing use that is a violation of
this Section as of the effective date of the initial ordinance adopting this Section shall
be considered a nonconforming use. Notwithstanding any provision to the contrary
contained in this Chapter or any other zoning ordinance or zoning regulation, such
nonconforming use may continue until the earlier of:
(1)
Two (2) years after the effective date of the initial ordinance codified herein;
(2)
Discontinuance of such use; or
(3)
Fire, theft, vandalism or other removal or destruction of at least fifty percent (50%) of
the then-existing nonconforming use.
Removal of any part of the nonconforming use or vehicles, even though other such
nonconforming uses or vehicles still remain on the property, shall not entitle the user to
replace or substitute nonconforming uses or vehicles for those removed.
(c)
In districts other than residential and mobile home districts, where inoperative vehicles
and/or parted or inoperative heavy equipment or parts thereof may be allowed, they
shall be fully screened so as to prevent su ch vehicles from being viewed from a public
street or area. Vehicles that have been repaired at gasoline stations or auto repair
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
shops shall not be stored on the property longer than ten (10) days after repairs are
completed, except where such storage is d one pursuant to enforcement of lien rights.
(d)
Storage of vehicles or parts thereof from towing operations, used car lots, rental car
operations and the like where frequent moving and/or long -term storage of vehicles is
necessary as part of the operation of the principal use are allowed only in districts
specifying such uses and only by special permit. Notwithstanding the above, new car
dealerships shall be allowed to store no more than ten (10) new vehicles for sale
outside the showroom structure. The sto rage area, in addition to the stated number of
vehicles, is subject to a special use permit review.
As discussed during recent Board Retreats, consistent enforcement of the Town Code is
important. During last year’s enforcement efforts, it became very clear that the current code is
unclear and subjective, and therefore difficult to enforce consistently.
Michael has been researching various language used by other municipalities and we’d like to
review these with the Board. Questions for the Board to consider include:
• What is the standard of care that this community expects?
• What is acceptable to the community?
• Is the proposed provision clear and objective?
• Can the proposed provision be consistently enforced?
The following provisions that we’ve found used successfully in other communities that are
suggested for consideration include:
• Any condition or use of premises or of building exteriors which is detrimental to the
property of others or which causes or tends to cause substantial diminution in the val ue of
other property in the neighborhood in which such premises are located is hereby declared
to be a nuisance. This includes, but is not limited to, the keeping or the depositing on, or
the scattering over the premises of, or in view from public roads, a lley ways,
sidewalks, or paths, any of the following (Should code be clarified per bold additions?)
• Construction materials (except as part of an on -going permitted construction project ) no
longer than 14 days such as plaster, broken concrete, dry wall, bricks, cinder blocks,
stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused
material, lumber, tile, piles of sand, brush, excavated/unearthed substances such as
concrete, dirt, or mulch.
• We could define prohibited “Junk” more specifically to include old or scrap copper, iron,
brass, aluminum, plastic, containers, barrels, rope, rags, batteries, paper, rubber
debris, waste, and automobile or mechanical parts (or simply provide that such is
prohibited).
• All exterior property shall be free from any accumulation of rubbish or garbage.
• Prohibit accumulation of dead trees, limbs, branches, bushes, needles, debris, paper,
trash and other flammable materials. (Would a dead tree include standing dead or limit
to fallen/harvested trees?)
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
• Prohibit unregistered or unlicensed automobiles or trailers , or inoperable vehicles or
trailers. Automobiles in a state of major disassembly, disrepair, or in the process of
being stripped or dismantled.
• What about Recreational Vehicles?
• Prohibit abandoned, discarded or unused objects, or objects that are no longer being
used for their intended use such as indoor furniture (excluding patio furniture) i.e.
sofas, chairs, mattresses, box springs, headboards, footboards, bed frames, night
stands, dressers, armoires, tv stands, end tables, cocktail tables, dining tabl es,
shelves, ect
• Prohibit abandoned, discarded or unused appliances, equipment, or machinery such
as freezers, refrigerators, microwaves, ovens, dishwashers, washers, dryers, lawn
mowers, wheel barrels or items no longer utilized for its intended use.
• Any shelter or covering made of plastic, cloth, or other fabric with tears or holes larger
than eight inches.
• Any nuisance which has been declared to be such by state courts or statutes or known
as such at common law shall constitute a nuisance in the Town, and any person
causing or permitting any such nuisance shall be in violation of this Article.
• Seasonal automobile or heavy equipment tires shall be organized by either stacked
neatly no higher than six feet or side by side against part of a fixed building structure
such as a house, garage, or shed.
• All exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trip, balconies, decks and fences, shall be maintained in good
condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected
from the elements and decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All
siding and masonry joints, as well as those betw een the building envelope and the
perimeter of windows, doors and skylights, shall be maintained weather resistant and
water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit
such rust and corrosion, and all surfaces with ru st or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains shall be removed from
exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
• Any weeds, noxious weeds or b rush found growing in or on any property in the Town is
hereby declared to be a nuisance, and it is unlawful to permit any such weeds, noxious
weeds or brush to grow or remain in any such place.
• Address wood storage?
o "Cord of wood" means a unit of quantity for cut fuel wood, equal to 128 cubic
feet in a stack measuring four feet by four feet by eight feet.
o "Firewood" means neatly stacked burnable wood cut into lengths of
approximately one to two feet that require no further cutting of the wood prior to
placing it in a wood burner or fireplace.
o No person shall store firewood on residentially zoned property, except for use
on the premises and in conformance with the following:
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
o (1) No more than six cords of firewood shall be stored at any time, without the
written approval of the State health department and City fire department.
o (2) The firewood must be cut and neatly stacked and may not be stacked
closer than five feet to any property line and not higher than six feet from grade.
o (3) Exception. Firewood may be cut and neatly stacked on or near the lot line or
against a fence, provided that it is no higher than the fence and is located a minimum
of six feet from any structure on adjacent property.
• Are there other property maintenance concerns?
To facilitate the discussion, we’ll have a visual property survey presentation.
Following policy discussion, we’ll draft appropriate code language for your consideration.
RECOMMENDATION:
Staff believes amendments to the current code provisions are necessary. These amendments
should be considered carefully and we’d like to seek public input prior to adoption.